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AttyHeather
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 547
Experience:  15 years law practice experience
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We sold land to our daugther she said we could live there as

Customer Question

we sold land to our daugther she said we could live there as long as we needed to now shes selling the farm and we are 80 years old and have to fine a place ton live shea sold 60acer for 125thounds dollors we had averble agreement with her and us . do we have a case where we cansue her we slod fame below market value so we could stay there and she told us many times that would be our home
Submitted: 3 months ago.
Category: Legal
Expert:  AttyHeather replied 3 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 3 months ago.

I am so sorry you are in this situation.

The statute of frauds, which exists in most states, requires contracts like this to be in writing and signed in order for them to be enforced. Unfortunately, your contract for a life estate was not in writing.

It is possible, under the doctrine of part performance, that you can get the judge to enforce the verbal agreement for the life estate, if you can prove that the agreement exists, and that the terms of the agreement are clear and definite. This is a complicated case, unfortunately. I have had many cases on this issue in court, and they aren't cut and dry. They take a while to resolve. However, if you file the case, you can likely get a stay on her selling the farm, and file a notice against the property informing prospective buyers that you are claiming an interest in the property. The document you would file against the property is called a lis pendens. If you do that, you can at least stop the sale from happening and delay it until the judge decides your case about the life estate.

Has that helped?